Description
Admission of additional evidence in civil appeals – Civil Procedure Code – improper admission of evidence – endorsement of documents admitted in evidence – gross mishandling of evidence.
- Modality for receiving additional evidence in civil appeals under the Civil Procedure Code – Order XXXIX Rules 27, 28 and 29.
- Reasons for looking into additional evidence on appeal must be given before taking or looking into the additional evidence and not when acting on such evidence when arriving at a final verdict – Order XXXIX rule 27(2) of the Civil Procedure Code.
- There was no justification for the first appellate court to look into and act upon additional evidence because:
ONE – the additional evidence was not produced in evidence and rejected so as to necessitate its re-admission on appeal under Order XXXIX rule 27(1) of the Civil Procedure Code.
TWO – it was not established during trial that the documentary evidence could not have been obtained with reasonable diligence for use at the trial.
- Admission of additional evidence on first appeal – the appellant was condemned without a hearing for not being availed opportunity to cross examine the respondent on new evidence which was presented at the hearing of the appeal.
- Section 178 of the Evidence Act – improper admission of evidence – irregular and it affects jurisdiction of the first appellate court.
- Judgment of any court must be grounded on the evidence properly adduced during trial otherwise it is not a decision at all.
- A decision on appeal which is grounded on improper evidence is a nullity. The probable remedy would be a rehearing of the appeal.
- Documents which are admitted in evidence must be endorsed as specified under Order XIII rule 4(1) of the Civil Procedure Code.
- some documents admitted as annexures and no endorsements – another document was signed and initialed by the trial magistrate but the endorsement was in respect of certifying the documents as true copy of the original which does not satisfy the requirements of Order XIII rule 4(1) of the Civil Procedure Code. All that amounts to gross mishandling of evidence.
- Unendorsed annexures and not evidence before the trial court were considered to determine the case – that is fatal and it occasioned a miscarriage of justice. Entire proceedings quashed.
